Transcript Crimes Against the Person

TO DO
 Order A Time to Kill by John Grisham
 Field Trip to Jail
 Feb. 21st
 Initial form is already submitted
 Need info for those driving themselves
Crimes Against the Person
Crimes Against the Person
 These are typically the types of crimes that we see on
television—Law & Order, Criminal Minds, etc.
 What are examples of these types of crimes?





Homicide
Assault
Battery
Rape
Etc.
Homicide
 Definition
 The killing of one human being by another
 Most serious crime against the person
 Criminal homicide is committed with intent
 Can also be considered this if a person’s reckless actions,
without regard for human life, results in the killing of another
person
 Noncriminal homicide is not subject to criminal
charges

Can be classified as “excusable” or “justifiable”
Criminal Homicide
 Murder
 Most serious form of criminal homicide
 Killing that is done with malice



Malice defined: “having the intent to kill or seriously harm another
person or acting in an extremely reckless manner which shows a
lack of regard for human life”
Any homicide done with malice is considered to be murder and
punishable by death.
Today, most states have statutes that classify murder
according to the killer’s state of mind and the circumstances
surrounding the crime
Types of Murder
 First-degree murder
 Killing that is pre-meditated, deliberate, and done with malice
 It is an action with an intent to kill or cause severe bodily
injury or with a depraved indifference to human life
 Felony murder
 Killing that takes place during the commission of certain
felonies (such as arson, rape, robbery, or burglary)
 It is not necessary to prove intent as malice is presumed
because the homicide occurred during the felony, even if the
killing was accidental
 Most states consider felony murder to be first-degree murder
regardless of whether malice, premeditation, and deliberation
exist
Types of Murder
 Second-degree murder
 Killing that is done with malice but without premeditation or
deliberation


Meaning the intent did not exist until the moment of the murder
This includes intentional and spontaneous killings that are
unplanned
Criminal Homicide (cont.)
 Voluntary manslaughter
 Killing that would otherwise be murder, but occurs after the
victim has done something to the killer that would cause a
reasonable person to lose self-control or act rashly
Example  a person who kills someone after a violent quarrel
without first planning to do so
 Typical example  husband walks in on wife having an affair and
kills her in a jealous rage


Punished less severely than murder as a concession to the
“frailty of human character”
Criminal Homicide (cont.)
 Involuntary manslaughter


Killing in which there is no intent to kill at all
Unintentional kill resulting from conduct so reckless that it causes
extreme danger of death or bodily injury

Example  killing that results from playing with a gun known to be
loaded
 Negligent homicide

Causing death through criminal negligence


Negligence=failure to exercise a reasonable or ordinary amount of
care in a situation, thereby causing harm to someone
Common form is vehicular homicide (although some states call this
involuntary manslaughter)

Most vehicular deaths lead to a civil suit for damages, but it is not
usually considered a crime unless the death results from gross
negligence
Noncriminal Homicide
 Definition
 Killing that is justifiable or excusable and for which the killer is
deemed faultless
 Examples
 Killing of an enemy soldier during wartime
 Killing of a condemned criminal by an executioner
 Killing by police officer of a person who is committing a
serious crime and who poses a threat of death or serious harm
 Killing in self-defense or in defense of another person
Suicide
 Definition

Deliberate taking of one’s own life
 Was once considered a crime

Today, states that regard it as a crime only prohibit attempted
suicide

Courts will then often require the person to undergo a psychological
evaluation and receive treatment
 However, someone who helps another person commit
suicide can be guilty of murder or manslaughter
 Suicide is a growing problem in America amongst all age
groups and there are many options for help (crisis
hotlines, help groups, online resources, friends, family,
etc.)
CDC Statistics
Case Study #1
 For each case write the following on your paper: 1.) who can
be charged with homicide and 2.) the degree of homicide
they should be charged:
1. Harison decides to shoot Emily, whom he blames for all
his troubles. As he is driving to her home to carry out the
murder, he accidentally hits a jogger who darted out from
behind a tree. Stopping immediately, Harison rushes to
help the jogger, who is already dead. Assume that Harison
was driving at a safe speed and that the collision was
unavoidable.

Harison wouldn’t be charged with the jogger’s death, assuming he called
the police and remained at the scene. If Harison were to follow through
with killing Emily, he would be charged with first-degree, premeditated
murder
Case Study #2
 For each case write the following on your paper: 1.) who can
be charged with homicide and 2.) the degree of homicide
they should be charged:
2. Marissa is cheated when she buys a car from Fast Eddie’s
Car Mart. She attempts to return the car, but Eddie just
laughs and tells her to go away. Every time Marissa has to
make a repair on her car, she gets angry. Finally, she
decides to wreck Eddie’s car to get even with him.
Following him home from work one evening, Marissa
tries to ram his car, hoping to bend the axle or the frame.
Instead of bending the frame, the collision smashes
Eddie’s gas tank, causes an explosion, and kills him.

Her actions will likely be seen as negligence or gross negligence and will
likely be charged with involuntary manslaughter or negligent homicide.
Marissa would not be charged with felony murder since an attempted
fender bender is not a felony.
Case Study #3
 For each case write the following on your paper: 1.)
who can be charged with homicide and 2.) the degree
of homicide they should be charged:
3. Kyle and Savannah decide to rob a bank. Kyle drives
the getaway car. Savannah goes into the bank and
pulls out her gun, announcing, “This is a stickup.
Don’t move!” The bank guard, Matthew, shoots at
Savannah but misses, killing Jack, a customer.

Matthew would most likely not face any criminal charges since he
was acting in the context of the appropriate conduct for a security
guard. However, if the state has a felony murder rule, both Kyle
and Savannah could be charged with the first-degree murder of
Jack
HW
 Order book A Time to Kill by John Grisham!
Reminder
 Order book A Time to Kill by John Grisham!
 We start reading this next week!!!
Assault and Battery
 Assault
 Any attempt or threat to carry out a physical attack upon
another person
 Battery
 Any unlawful physical contact inflicted by one person upon
another person without consent
 Actual injury is not necessary  the only requirement is that
the person must have intended to do bodily harm
 Today, there is not much difference in law or practice
between the two uses of these terms
Classifications of Assault & Battery
 Simple assault
 A threat with the ability to carry out a physical harm

Typically arguments between people who know each other
 Aggravated assault
 A stronger form of assault, but usually with a deadly weapon
 Other examples:
Attempted grievous bodily harm (rape, kidnapping, etc.)
 Have sexual relations with someone under the age of consent
 Cause bodily harm by recklessly operating a motor vehicle
 Attempted harm to a police officer or other public servant

Classifications of Assault & Battery
 Simple battery
 Intentionally making physical contact of an insulting or
provoking nature, or intentionally causes physical harm to
another
 Aggravated battery
 More serious form of battery in which there is the use of a
deadly weapon, serious bodily injury occurs, or against a police
officer
Classifications of Assault & Battery
 Stalking

When a person repeatedly follows or harasses another person and
makes threats, causing the victim to fear death or bodily injury
 Sexual Assault


Specific kind of assault that can include rape or attempted rape
Wide range of victimization:
Verbal threats of a sexual nature
 Unwanted sexual contact
 Grabbing, fondling, etc.  may (but does not have to) involve force



Both males and females can commit sexual assault
Like assault and battery, it can be either attempted or completed
Rape
 Rape
 Sexual intercourse without consent

Can’t consent if unconscious, mentally incompetent, or if
drugs/alcohol impair the victim’s judgment
 Aggravated rape
 When the perpetrator uses a weapon or some other form of
force to compel the victim to have intercourse
 Statutory rape
 Intercourse between an adult and a minor
 Lack of consent is not an element of the crime because the
notion is that a minor is incapable of giving consent
 Many states are adding “age difference” requirements
Rape
 In the past, if a person were indicted for rape, the
defense could introduce the victim’s past sexual
behavior and reputation in order to show that she
probably consented to the rape

Many states have passed “rape shield” laws to protect the
victim

This requires independent proof that the act took place to convict
a person of rape
 Acquaintance rape (a.k.a., date rape)
 Sexual assault by someone known to the victim
 This is often underreported because the victim may not realize
an attack that occurs on a date can be constituted a rape
Case Study #1
 For each case below, assume that the two people have
sexual intercourse and the police find out about the sexual
activity. How should each situation be handled?
 At midnight, a man breaks into the home of a woman he
does not know. He goes into her bedroom, awakens her,
pulls out a knife, and threatens to stab her unless she has
sex with him. She tells him that she does not want to have
sex. But then she says, “If you’re going to do this, you
better use a condom.” He agrees
 The woman’s suggestion that a condom be used does
not constitute consent. This man should be prosecuted
for rape.
Case Study #2
 For each case below, assume that the two people have
sexual intercourse and the police find out about the sexual
activity. How should each situation be handled?
 A famous boxer serves as a judge at a beauty contest.
After the contest, he invites an 18-year old contestant to
his hotel room. She meets him there. Later, she says he
forced her to have sex.
 It depends on evidence. Many would argue that a
woman should expect to engage in intercourse if she
visit’s a man’s hotel room.
Case Study #3
 For each case below, assume that the two people have sexual
intercourse and the police find out about the sexual activity. How
should each situation be handled?
 A male high school student, aged 17, and a female high school
student, aged 14, go out on a date. After attending a party, they
agree to intercourse in his car. The next day, he brags about
this at his school, and she goes to the police. There is some
evidence that he is part of an informal organization of HS
seniors who are involved in a competition to have sex with as
many girls as possible.
 Depends on state law. Many states would consider this
statutory rape because she is considered a minor until the
age of 16. Neither consent of a minor or mistaking her age
are an acceptable defense
Case Study #4
 For each case below, assume that the two people have
sexual intercourse and the police find out about the sexual
activity. How should each situation be handled?
 Leo and Nina are college juniors who have had three
dates. On these dates, they have never engaged in any
sexual activity beyond a brief goodnight kiss. On their
fourth date, he invites her to an all-night drinking party
at his frat house. She drinks too much, goes up to his
room alone around 1:00am, and falls asleep. In the
morning, she wakes up to discover that she and Leo had
intercourse during the night.
 An unconscious victim cannot consent. This would be
considered acquaintance/date rape.
Case Study #5
 For each case below, assume that the two people have
sexual intercourse and the police find out about the sexual
activity. How should each situation be handled?
 Lori, a 25-year old high school teacher, becomes a good
friend of Jim, a 17-year old student in one of her classes.
On a senior class trip to the state capital, Jim knocks on
her hotel room door late at night. Lori lets him in, and
they have sexual intercourse.
 This is likely statutory rape. Most states also have
specific laws prohibiting teachers from having sex with
their students.
Movie
 Continue Ghosts of the Mississippi